Court Rebuffs Mayor Bloomberg’s Homeless Policy

New York’s highest court ruled Tuesday that Mayor Michael Bloomberg’s administration violated the law by failing to notify the public about changes it sought to the eligibility rules for single adults pursuing a bed in New York City’s homeless shelters–marking another setback for the mayor’s policies on homelessness.

Kevin Hagen for The Wall Street Journal

New York City Mayor Michael Bloomberg speaks during the ribbon-cutting ceremony for 4 World Trade Center in Manhattan on November 13.

The state Court of Appeals affirmed two lower court rulings that effectively nullifies the administration’s plan — first made public in November 2011 — to turn away single adults from city shelters unless they demonstrated they have no other housing options. The courts didn’t rule on the merits of the policy, but found the administration’s failure to vet the policy before the public violated the City Charter.

The City Council, led by Speaker Christine Quinn, took the unusual step of suing the Bloomberg administration to prevent what Ms. Quinn, a Manhattan Democrat, called a “cruel” and counterproductive policy from taking effect. On Tuesday, Ms. Quinn hailed the court’s decision as a victory because she said it blocks the mayor from implementing a policy that would have kept thousands of men and women out of shelters.

“The opinion is an important victory, not only for New York City’s homeless adults, but also for the principles of openness and accountability,” Ms. Quinn said. “The mayor cannot unilaterally impose policies that would have such significant impact without even notifying the public or receiving comments.”

Ms. Quinn, who ran unsuccessfully for mayor this year, said she hopes the Bloomberg administration will “finally abandon its misguided” policy.

Thomas Crane, chief of the city Law Department’s general litigation division, said the administration is disappointed with the decision.

“Shelter should be a last resort, when all other resources have been exhausted,” Mr. Crane said.

A spokeswoman for the city’s Department of Homeless Services declined to comment, saying the Law Department would be responding for the administration.

During the first three months of the current fiscal year, the average number of adults in shelters per day increased 8% and the average length of stay for single adults in shelters increased 5%, according to the city.

Steve Banks, attorney in chief at the Legal Aid Society, a nonprofit that also sued to prevent the policy from moving forward, said, “It’s important that the highest court in the state has said that the current administration can’t do an end-run around the requirements of publishing rules for public comment, particularly here where the policy is so misguided that it would result in more homeless women and homeless men on the streets.”

Patrick Markee, a senior policy analyst at the Coalition for the Homeless, an advocacy group, said he’s hopeful the incoming mayor, Bill de Blasio, will adopt a more “sensible” approach to the city’s growing homeless population. Mr. Markee described the mayor’s policies on homelessness as “mean spirited” and “punitive.”

“It’s clear that the mayor’s approach to homelessness has been a failure just based on the dramatic increase in the numbers of homeless people to all-time record levels,” Mr. Markee said. “We’re glad we’ll be turning the page.”

A spokeswoman for Mr. de Blasio, the city’s public advocate who succeeds Mr. Bloomberg on New Year’s Day, said, ”Mayor-elect de Blasio opposes punitive eligibility review rules–such as those struck down today–that make it harder for people and families in need to access shelters.”

During the mayoral campaign, Mr. de Blasio described Mr. Bloomberg’s approach to homelessness as a failure and he promulgated policies that he said would improve the situation.